Unisured motorist coverage for accident caused by passenger

I was involved in a car accident and rear ended a parked car. I was transported to the hospital where i was treated for injuries. I later received a ticket for reckless driving. After leaving hospital after overnight monitoring. My passenger who also was in the car during the accident informed me that the accident was caused by him.

He further began to tell me that in an attempted to clean the windshield he jolted the steering wheel to the right (toward him). He does not have car insurance. I went to court for the ticket and was placed on driving probation for six months. If I do not receive any moving violations the ticket will be dismissed.

After dismissal of the ticket can I file a claim under my uninsured motorist coverage. Being that he has no insurance is this covered under my uninsured motorist coverage.

Answer:

Hi, well this is a very complex situation. Your insurance company will have to do a coverage investigation. Your policy is primary as the accident happened in your car. If you don’t have insurance, then maybe the insurance company of your passenger will provide coverage (if he as insurance or anyone in his household have insurance).

If there is no insurance for your passengers, your insurance company will have to determine if (a) his/her liability (e.i. 10% or 100%). And if the policy would provide coverage as your passenger was not technically not driving a motor vehicle.

Again, a coverage investigation and policy interpretation will be necessary here.


As always, it is very important that you talk with a local attorney!
Good Luck,
Auto Insurance Claim Advice